Your daughter should have uninsured motorist coverage on her own policy. If this is true, it would be simpler, easier, cheaper, and less stressful than suing the uninsured mororist, and trying to collect from them. Good luck.
I agree with Mr. Blaszkow's recommendation. The problem with filing suit is not proving the fault in the case, the problem is whether any judgment would be collectible. Texas is very debtor friendly which means, in this situation, you can't garnish the person's wages to collect your damages. Unless the at fault party has a fairly significant amount of assets, you likely could not seize any of her property to satisfy the judgment. The quickest resolution would be to seek reimbursement under your daughter's uninsured motorist coverage and let the insurance company try to get back its money if it chooses to do so. Most personal injury lawyers provide a free initial consultation so feel free to meet with one for a second opinion. Take care.
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